Texas 2019 - 86th Regular

Texas House Bill HB1053 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1053
	1	+	By: Guillen (Senate Sponsor - Lucio) H.B. No. 1053
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on
	4	+	Transportation; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 2;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1053 By: Schwertner
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to the ~~administration, powers, and duties~~ of ~~certain~~
6		-	navigation ~~districts; authorizing the imposition of a tax~~.
	13	+	relating to the disposition of real property interests by the
	14	+	Willacy County Navigation District.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 404, Acts of the 53rd Legislature,
9	17		Regular Session, 1953, is amended by adding Section 11 to read as
10	18		follows:
11	19		Sec. 11. (a) The District may sell, exchange, or lease
12	20		real property or any interest in real property owned by it, whether
13	21		the real property was acquired by gift or purchase, in settlement of
14	22		any litigation, controversy, or claim in behalf of the District, or
15	23		in any other manner, except that lands or flats heretofore
16	24		purchased from the State of Texas under former Article 8225,
17	25		Revised Civil Statutes of Texas, 1925, or granted by the State of
18	26		Texas in any general or special act, may be sold only to the State of
19	27		Texas or exchanged with the State of Texas for other lands or
20	28		exchanged for adjacent littoral land as authorized by Section
21	29		61.117, Water Code. The District may impose restrictions on the
22	30		development, use, and transfer of any real property or interest in
23	31		real property, other than lands or flats purchased from the State of
24	32		Texas under former Article 8225, Revised Civil Statutes of Texas,
25	33		1925, or granted by the State of Texas in any general or special
26	34		act, in connection with its sale or exchange under this section.
27	35		(b) Except as provided by Subsection (d) of this section,
28	36		before the District may sell or exchange real property, the Board
29	37		shall determine by resolution that the land is no longer needed for
30	38		use by the District in connection with the development of a
31	39		navigation project.
32	40		(c) Except as provided by Subsection (d), (e), or (f) of
33	41		this section, a sale or exchange of real property shall be made as
34	42		provided by Sections 60.040-60.042, Water Code.
35	43		(d) The District may donate, exchange, convey, sell, or
36	44		lease land, improvements, easements, or any other interests in real
37		-	property to promote an authorized project. For the purposes of this
38		-	subsection, "authorized project" means a project that includes the
39		-	land, buildings, equipment, facilities, expenditures, targeted
40		-	infrastructure, and improvements that are:
41		-	(1) for the purpose of economic development; and
42		-	(2) found by the board of directors to be required or
43		-	suitable for the development, retention, or expansion of:
44		-	(A) manufacturing and industrial facilities;
45		-	(B) research and development facilities;
46		-	(C) military facilities;
47		-	(D) law enforcement facilities;
48		-	(E) transportation facilities;
49		-	(F) sewage or solid waste disposal facilities;
50		-	(G) recycling facilities;
51		-	(H) air or water pollution control facilities;
52		-	(I) facilities for the transmission and
53		-	treatment of water;
54		-	(J) distribution centers;
55		-	(K) warehouse facilities;
56		-	(L) education or job training facilities; or
57		-	(M) corporate headquarters facilities.
	45	+	property to promote a public purpose related to the development of
	46	+	the District. The District shall determine the terms and
	47	+	conditions of the transaction so as to achieve the public purpose.
58	48		(e) The District may donate, exchange, convey, sell, or
59	49		lease a real property interest under Subsection (d) of this section
60	50		for less than its fair market value and without complying with the
61	51		notice and bidding requirements of Sections 60.040-60.042, Water
62	52		Code.
63	53		(f) Narrow strips of real property resulting from boundary
64	54		or surveying conflicts or similar causes, or from insubstantial
65	55		encroachments by abutting real property owners, or real property of
66	56		larger configuration that has been subject to encroachments by
67	57		abutting real property owners for more than 25 years may be
68	58		abandoned, released, exchanged, or transferred to such abutting
69	59		owners on terms and conditions considered appropriate or
70	60		advantageous to the District. The District may convey real
71	61		property under this subsection for less than its fair market value
72	62		and without complying with the notice and bidding requirements of
73	63		Sections 60.040-60.042, Water Code.
74	64		(g) The District may grant easements over or on its real
75	65		property on terms and conditions the Board determines to be
76	66		advantageous to the District.
77	67		(h) The authority granted to the District by this section to
78	68		dispose of interests in real property is in addition to any
79	69		authority granted by Chapter 272, Local Government Code, and a
80	70		disposition of an interest in real property under this section is
81	71		exempt from the notice, bidding, and other requirements of Chapter
82	72		272, Local Government Code.
83		-	SECTION 2. Chapter 5013, Special District Local Laws Code,
84		-	is amended by designating Sections 5013.001 and 5013.002 as
85		-	Subchapter A and adding a subchapter heading to read as follows:
86		-	SUBCHAPTER A. GENERAL PROVISIONS
87		-	SECTION 3. Section 5013.001, Special District Local Laws
88		-	Code, is amended to read as follows:
89		-	Sec. 5013.001. DEFINITIONS [DEFINITION]. In this chapter:
90		-	(1) "Authority"[, "authority"] means the Port of
91		-	Harlingen Authority.
92		-	(2) "Port commission" means the governing body of the
93		-	authority.
94		-	(3) "Port commissioner" means a member of the port
95		-	commission.
96		-	(4) "Treasurer" means the treasurer of the authority.
97		-	SECTION 4. Chapter 5013, Special District Local Laws Code,
98		-	is amended by adding Subchapter B, and a heading is added to that
99		-	subchapter to read as follows:
100		-	SUBCHAPTER B. PORT COMMISSION
101		-	SECTION 5. Section 5013.003, Special District Local Laws
102		-	Code, is transferred to Subchapter B, Chapter 5013, Special
103		-	District Local Laws Code, as added by this Act, redesignated as
104		-	Section 5013.051, and amended to read as follows:
105		-	Sec. 5013.051 [5013.003]. GOVERNING BODY. (a) The
106		-	navigation and canal commission of the authority is called the port
107		-	commission and is composed of port commissioners.
108		-	(b) The port commission shall divide the territory of the
109		-	authority into four numbered single-member districts for electing
110		-	port commissioners.
111		-	(c) The port commission may revise the single-member
112		-	districts as necessary or appropriate.
113		-	(d) The port commission consists of five port
114		-	commissioners. One port commissioner is elected from each
115		-	single-member district, and one port commissioner is elected from
116		-	the authority at large.
117		-	(e) Port commissioners serve staggered four-year terms.
118		-	(f) The port commissioner elected from the authority at
119		-	large serves as the presiding officer of the port commission.
120		-	(g) The port commission shall hold an election to elect the
121		-	appropriate number of port commissioners on the uniform election
122		-	date in November of each odd-numbered year.
123		-	SECTION 6. Chapter 5013, Special District Local Laws Code,
124		-	is amended by adding Subchapters C and D to read as follows:
125		-	SUBCHAPTER C. POWERS AND DUTIES
126		-	Sec. 5013.101. TREASURER. (a) The port commission:
127		-	(1) shall hire or appoint a treasurer; and
128		-	(2) may terminate or suspend the employment or
129		-	appointment of the treasurer.
130		-	(b) The treasurer has the power and duties of a treasurer
131		-	under Chapters 60 and 62, Water Code.
132		-	(c) Notwithstanding Section 62.152, Water Code, the
133		-	treasurer shall pay all authority expenses from authority funds.
134		-	Sec. 5013.102. SALES AND LEASES. (a) Except as provided by
135		-	this section, the provisions of Subchapter C, Chapter 60, Water
136		-	Code, apply to all sales and leases entered into by the authority.
137		-	(b) Notwithstanding Section 60.039, Water Code, the
138		-	authority may enter into a surface lease for a period of not more
139		-	than 99 years.
140		-	(c) Notwithstanding Section 60.040, Water Code, the
141		-	authority is not required to publish notice for a sale, easement, or
142		-	lease for a period of not more than 99 years.
143		-	(d) Sections 60.041 and 60.042, Water Code, do not apply to
144		-	a bid on real property to be sold by the authority.
145		-	SUBCHAPTER D. FINANCIAL PROVISIONS
146		-	Sec. 5013.151. MAINTENANCE AND OPERATION TAX; TAX RATE.
147		-	(a) The authority may impose an ad valorem tax at a rate not to
148		-	exceed 10 cents on each $100 valuation of all taxable property in
149		-	the authority for the maintenance, operation, and upkeep of the
150		-	authority and the improvements constructed by the authority.
151		-	(b) The authority may change the rate or suspend collection
152		-	of the tax authorized by this section in the manner provided by law
153		-	for official action by the authority, subject to the limitation
154		-	prescribed by Subsection (a).
155		-	(c) Section 62.160, Water Code, does not apply to the
156		-	authority.
157		-	Sec. 5013.152. SELECTION OF DEPOSITORY. (a) Except as
158		-	provided by this section, the authority shall select a depository
159		-	for the authority in the manner provided by Section 60.271, Water
160		-	Code.
161		-	(b) The authority shall select a depository in a manner to
162		-	ensure that authority funds are fully insured by the Federal
163		-	Deposit Insurance Corporation or the National Credit Union Share
164		-	Insurance Fund.
165		-	(c) The authority may select more than one institution to
166		-	serve as a depository in order to comply with the requirement under
167		-	Subsection (b).
168		-	SECTION 7. (a) In this section, "authority," "port
169		-	commission," and "port commissioner" have the meanings assigned by
170		-	Section 5013.001, Special District Local Laws Code, as amended by
171		-	this Act.
172		-	(b) Not later than June 1, 2021, the port commission shall
173		-	divide the territory of the authority into four numbered
174		-	single-member districts as required by Section 5013.051, Special
175		-	District Local Laws Code, as redesignated and amended by this Act.
176		-	(c) A port commissioner of the authority who is serving on
177		-	the day before the effective date of this Act shall serve until a
178		-	successor qualifies following an election under Subsection (d) of
179		-	this section.
180		-	(d) On the uniform election date in November 2021, the port
181		-	commission shall hold an election to elect one at-large port
182		-	commissioner and four port commissioners from single-member
183		-	districts.
184		-	(e) The five port commissioners elected under Subsection
185		-	(d) of this section shall draw lots to determine which two port
186		-	commissioners shall serve a term expiring December 1, 2023, and
187		-	which three port commissioners shall serve a term expiring December
188		-	1, 2025.
189		-	(f) On the uniform election date in November 2023, the port
190		-	commission shall hold an election to elect two port commissioners
191		-	to terms of four years.
192		-	(g) On the uniform election date in 2025, the port
193		-	commission shall hold an election to elect three port commissioners
194		-	to terms of four years.
195		-	SECTION 8. (a) The legal notice of the intention to
196		-	introduce a bill relating to the administration, powers, and duties
197		-	of the Port of Harlingen Authority, setting forth the general
198		-	substance of a bill relating to the administration, powers, and
199		-	duties of the Port of Harlingen Authority, has been published as
200		-	provided by law, and the notice and a copy of a bill relating to the
201		-	administration, powers, and duties of the Port of Harlingen
202		-	Authority have been furnished to all persons, agencies, officials,
203		-	or entities to which they are required to be furnished under Section
204		-	59, Article XVI, Texas Constitution, and Chapter 313, Government
205		-	Code.
206		-	(b) The governor, one of the required recipients, has
207		-	submitted the notice and a copy of a bill relating to the
208		-	administration, powers, and duties of the Port of Harlingen
209		-	Authority to the Texas Commission on Environmental Quality.
210		-	(c) The Texas Commission on Environmental Quality has filed
211		-	its recommendations relating to a bill relating to the
212		-	administration, powers, and duties of the Port of Harlingen
213		-	Authority with the governor, the lieutenant governor, and the
214		-	speaker of the house of representatives within the required time.
215		-	(d) All requirements of the constitution and laws of this
216		-	state and the rules and procedures of the legislature with respect
217		-	to the notice, introduction, and passage of a bill relating to the
218		-	administration, powers, and duties of the Port of Harlingen
219		-	Authority are fulfilled and accomplished.
220		-	SECTION 9. This Act takes effect immediately if it receives
	73	+	SECTION 2. This Act takes effect immediately if it receives
221	74		a vote of two-thirds of all the members elected to each house, as
222	75		provided by Section 39, Article III, Texas Constitution. If this
223	76		Act does not receive the vote necessary for immediate effect, this
224	77		Act takes effect September 1, 2019.
225		-	______________________________ ______________________________
226		-	President of the Senate Speaker of the House
227		-	I certify that H.B. No. 1053 was passed by the House on April
228		-	11, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not
229		-	voting; that the House refused to concur in Senate amendments to
230		-	H.B. No. 1053 on May 23, 2019, and requested the appointment of a
231		-	conference committee to consider the differences between the two
232		-	houses; and that the House adopted the conference committee report
233		-	on H.B. No. 1053 on May 26, 2019, by the following vote: Yeas 144,
234		-	Nays 0, 1 present, not voting.
235		-	______________________________
236		-	Chief Clerk of the House
237		-	I certify that H.B. No. 1053 was passed by the Senate, with
238		-	amendments, on May 21, 2019, by the following vote: Yeas 27, Nays
239		-	4; at the request of the House, the Senate appointed a conference
240		-	committee to consider the differences between the two houses; and
241		-	that the Senate adopted the conference committee report on H.B. No.
242		-	1053 on May 26, 2019, by the following vote: Yeas 27, Nays 4.
243		-	______________________________
244		-	Secretary of the Senate
245		-	APPROVED: __________________
246		-	Date
247		-	__________________
248		-	Governor
	78	+	* * * * *